‘I was punished for telling the truth’: how allegations of parental alienation are used to silence, sideline and disempower survivors of domestic abuse in family law proceedings

Author(s):  
Jenny Birchall ◽  
Shazia Choudhry

This article presents empirical findings from a research study conducted by Women’s Aid Federation England and Queen Mary University of London looking at domestic abuse and the family courts. The study found that allegations of parental alienation were frequently being used during child arrangements proceedings to obscure and undermine allegations of domestic abuse. These findings are presented against a backdrop of a recent revival of ideas around alienation in the family court in England and Wales. The article highlights a growing body of evidence demonstrating the gendered assumptions underlying parental alienation as a concept, and argues that the concept should not be accepted without analysis and understanding of the harmful impact it has on survivors of domestic abuse and their children.<br /><br />Key messages<br /><ul><li>‘Parental alienation’ has been increasingly invoked in the family courts in recent years, but there is a dearth of robust empirical studies to back up the concept and no reliable data on its prevalence.</li><br /><li>Studies demonstrate the gendered assumptions and myths underlying discourses of parental alienation, and the increasing use of these discourses to obscure and undermine domestic abuse in child arrangements proceedings.</li><br /><li>Theories of parental alienation, no matter how they are packaged or theorised, should not be accepted without analysis of the impact they have on survivors of domestic abuse and their children.</li><br /><li>This article contains an overview of the findings of a research project involving survivors of domestic abuse and their experiences of the family court system which evidences the aforementioned assertions.</li></ul>

2016 ◽  
Vol 41 (03) ◽  
pp. 701-718 ◽  
Author(s):  
Vicki Lens

The last several decades have seen a proliferation of specialized courts, including within the family court system, that deviate from the adversarial model, and that rely on therapeutic jurisprudence and other problem-solving techniques. Whether and how traditional family courts can incorporate the best practices of these specialized courts is a largely understudied area. Drawing from ethnographic observations of a traditional urban family court, this study finds that some judges are able to transform nontherapeutic courtrooms into therapeutic ones despite obstacles. These “against the grain” actors, who act contrary to the institution's dominant norms and practices, demonstrate how therapeutic jurisprudence and other problem-solving techniques can be utilized in traditional courtrooms.


Author(s):  
Kylie Agllias

Family estrangement—a concept similar to emotional cutoff in Bowen family systems theory—is the unsatisfactory physical or emotional distancing between at least two family members. It is attributed to a number of biological, psychological, social, and structural factors affecting the family, including attachment disorders, incompatible values and beliefs, unfulfilled expectations, critical life events and transitions, parental alienation, and ineffective communication patterns. Family estrangement is often experienced as a considerable loss; its ambiguous nature and social disenfranchisement can contribute to significant grief responses, perceived stigma, and social isolation in some cases. The social-work profession has a role to play in raising social and political awareness of the prevalence of, contributors to, and effects of estrangement on the intergenerational family, with clinicians working to assess and address the impact of estrangement on individuals and the family system.


PEDIATRICS ◽  
1973 ◽  
Vol 51 (4) ◽  
pp. 796-798
Author(s):  
Florence M. Kelley

It is important to know what the courts can do and cannot do in the area of abused and neglected children. Often the Family Court is listed as an agency. It is not an agency. It is part of the court system. Its operation is circumscribed by the concept of being a real court. For a long time there was a theory that the Family Court or Juvenile Court could be a kind of social work oriented operation, not quite a real court, not truly a social work agency. This concept has been abandoned. The Family Court is a court of record and is in all aspects a court. It is dependent in the action it takes on evidence which must conform to strict rules that are laid down. It is an adversary proceeding. It is not enough to produce a child that looks as if it has been beaten. A judge in the Family Court also has before him the person who may be charged with having beaten the child. That person, be it a parent or guardian, is entitled to counsel, to help in his defense. The adversary process then takes place. Persons bring forth evidence to show that the parent did abuse the child. The parent is enabled under the court system to bring forth before the judge evidence that he or she did not do it. It is then up to the judge to give this evidence due weight and make a decision as to whether or not the allegations have been proven.


2021 ◽  
Author(s):  
Joyce Weeland ◽  
Loes Keijsers ◽  
Susan Branje

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 a pandemic. The COVID-19 pandemic brought about worldwide challenges and had a profound impact on family dynamics, relationships and routines. At the same time, the impact may differ largely due to regional differences in the numbers of infections and severity of preventive measures, as well as individual and contextual risk and protective factors. The aims of this special issue were therefore to (1) provide insight into the impact of the pandemic on the family system and (2) increase our understanding of how this impact may differ between families. This special issue consists of 13 original empirical studies that show how the pandemic affected families across different levels of the family system. At first sight, it seems that many families were able to cope relatively well with the stressors. Yet, for others the demands of the pandemic and pandemic-related measures seemed to exceed their capabilities and available resources. Importantly, the studies in this special issue suggest that the pandemic disproportionally affected children, caregivers and families who were already at risk. Together, the contributions to the special issue offer knowledge on the consequences of both the pandemic and preventive measures on family functioning. At the same time it also raises questions on the long-term impact of the pandemic and its impact on families who are currently underrepresented in empirical research.


2015 ◽  
Vol 46 (3) ◽  
pp. 591
Author(s):  
Mark Henaghan ◽  
Ruth Ballantyne

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.


PEDIATRICS ◽  
1995 ◽  
Vol 95 (2) ◽  
pp. 318-319
Author(s):  
Bernard A. Yablin

The Psychosocial Committee is to be commended for its report on the pediatrician and divorce in the July issue of Pediatrics. I would like to add the following: The role of the pediatrician should extend well beyond the divorce and immediate adjustment process. Firstly, there should be greater involvement between both the pediatrician and the Family Court system to help prevent misplacement of the child in custody decisions. (I believe that various groups within the American Academy of Pediatrics are already working with judicial/legal groups to bring to them a greater knowledge of child development and mental health).


Family Law ◽  
2020 ◽  
pp. 36-36
Author(s):  
Roiya Hodgson

This chapter is a short but important chapter. It provides an overview of the Single Family Court, which was created in April 2014. This is a huge change from when there used to be two family courts, magistrates’ and county court. It summarizes the effects of the Single Family Court and outlines who is involved in the judicial process within the new structure. It discusses how the allocation of cases within the Single Family Court are done by ‘gatekeepers’ and the new points of entry for cases. It outlines that the rules for allocation can be found in the Family Court (Composition and Distribution of Business) Rules 2014.


Sign in / Sign up

Export Citation Format

Share Document